House Amendment 1734


PAG LIN




     1  1    Amend Senate File 264, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  Page 1, by inserting after line 31, the
     1  4 following:
     1  5    <   .  Notwithstanding any provision of this
     1  6 chapter to the contrary, venue for any action to
     1  7 establish, enforce, or modify visitation under this
     1  8 section shall be in the county where either parent
     1  9 resides if no final custody order determination
     1 10 relating to the grandchild or great=grandchild has
     1 11 been entered by any other court.  If a final custody
     1 12 order has been entered by any other court, venue shall
     1 13 be located exclusively in the county where the most
     1 14 recent final custody order was entered.  If any other
     1 15 custodial proceeding is pending when an action to
     1 16 establish, enforce, or modify visitation under this
     1 17 section is filed, venue shall be located exclusively
     1 18 in the county where the pending custodial proceeding
     1 19 was filed.
     1 20       .  Notice of any proceeding to establish,
     1 21 enforce, or modify visitation under this section shall
     1 22 be personally served upon all parents of a child whose
     1 23 interests are affected by a proceeding brought
     1 24 pursuant to this section and all grandparents or
     1 25 great=grandparents who have previously obtained a
     1 26 final order or commenced a proceeding under this
     1 27 section.
     1 28       .  The court shall not enter any temporary order
     1 29 to establish, enforce, or modify visitation under this
     1 30 section.
     1 31       .  An action brought under this section is
     1 32 subject to chapter 598B, and in an action brought to
     1 33 establish, enforce, or modify visitation under this
     1 34 section, each party shall submit in its first pleading
     1 35 or in an attached affidavit all information required
     1 36 by section 598B.209.
     1 37       .  In any action brought to establish, enforce,
     1 38 or modify visitation under this section, the court may
     1 39 award attorney fees to the prevailing party in an
     1 40 amount deemed reasonable by the court.
     1 41       .  If a proceeding to establish or enforce
     1 42 visitation under this section is commenced when a
     1 43 dissolution of marriage proceeding is pending
     1 44 concerning the parents of the affected minor child,
     1 45 the record and evidence of the dissolution action
     1 46 shall remain impounded pursuant to section 598.26.
     1 47 The impounded information shall not be released or
     1 48 otherwise made available to any person who is not the
     1 49 petitioner or respondent or an attorney of record in
     1 50 the dissolution of marriage proceeding.>
     2  1 #2.  By renumbering as necessary.
     2  2
     2  3
     2  4                               
     2  5 SWAIM of Davis
     2  6 SF 264.702 82
     2  7 pf/gg/9287

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